McKimm v Down District Council [2008] NIIT 1229_05IT (06 November 2008)

McKimm v Down District Council [2008] NIIT 1229_05IT (06 November 2008)

The tribunal held that, even assuming it had the power to review its decision on the ground of perversity, the original findings were not legally perverse. The tribunal reaffirmed that its determinations regarding the acts of victimisation discrimination were proper and supported by the evidence, and thus the application for review was refused.

Citation
[2008] NIIT 1229_05IT
Parties
Claimant: Cathie McKimm; Respondent: Down District Council
Jurisdiction
Northern Ireland
Judgment Date
03 October 2008
Procedural Posture
Industrial Tribunal Review Application / Decision on Application for Review of Prior Tribunal Decision
Outcome
Application for review refused; original decision confirmed.
Legal Topics
Victimisation, Unlawful Discrimination, Review of Tribunal Decision, Perversity of Findings
Employment Law Discrimination Law Victimisation Unlawful Discrimination Review of Tribunal Decision Perversity of Findings

Case Brief

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Parties

Cathie McKimm

Claimant

Down District Council

Respondent

Procedural Posture

Industrial Tribunal Review Application / Decision on Application for Review of Prior Tribunal Decision

Legal Issues

  1. 1 Whether the tribunal's factual findings were legally perverse and justify review or revocation of the original decision
  2. 2 Whether the acts found to constitute unlawful victimisation discrimination were supported by evidence

Ratio Decidendi

The tribunal held that, even assuming it had the power to review its decision on the ground of perversity, the original findings were not legally perverse. The tribunal reaffirmed that its determinations regarding the acts of victimisation discrimination were proper and supported by the evidence, and thus the application for review was refused.

Court Disposition

Application for review refused; original decision confirmed.